Explanation
APPLICANT: NP Limited PartnershipAntares Park at Polaris LLC; c/o Dave Perry, The David Perry Co.; 145 East Rich Street, 3rd Floor; Columbus, OH 43215 and Donald T. Plank, Atty.; 145 East Rich Street; Columbus, Ohio 43215.
PROPOSED USE: Multi-unit residential development.
CITY DEPARTMENTS' RECOMMENDATION: Approval. This is a concurrent Council variance with Z11-016 to reduce the perimeter yard at the southern and west boundary of the development to provide more buffering for the single-unit dwellings to the north. Staff finds that the encroachments into the perimeter yard to the south along Antares Avenue will cause no negative impact on public service provisions, traffic or neighboring properties while providing more buffering to the north.
Title
To grant a Variance from the provisions of Sections 3333.255, Perimeter Yard, of the Columbus City Codes for property located at 9215 ANTARES AVENUE (43240), to permit multi-unit residential development with reduced perimeter yard in conjunction with rezoning Z11-016. (CV11-017)
Body
WHEREAS, by application No. CV11-0137, the owner of property at 9215 ANTARES AVENUE (43240), is requesting a Council variance allow a multiple-unit development with a reduced the perimeter yard to permit drives to be within five (5) feet of the south property line and a paved walking path within said perimeter yard and to permit garage buildings and pavement to be within fifteen (15) feet and eight (8) feet of the west property line, respectively, in order to provide more buffering on the north property line adjacent to existing single-unit dwellings in conjunction with rezoning application Z11-016 to rezone this site from the L-C-4, Limited Commercial District to the L-ARLD, Limited Apartment District; and
WHEREAS, Section 3333.255, Perimeter yard, requires a perimeter yard of twenty-five (25) feet, while the applicant proposes a south perimeter yard of five (5) feet and a west perimeter yard of fifteen (15) feet and eight (8) feet for garage buildings and pavement, respectively; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificate of Occupancy for the proposed use; and
WHEREAS, the City Departments find that the encroachments into the perimeter yard to the south along Antares Avenue will cause no negative impact on public service provisions, traffic or neighboring properties while providing more buffering to the north; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the city; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owner of the property located at 9215 ANTARES AVENUE (43240), in using said property as desired; and
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That a variance from the provisions of Sections 3312.27, Parking setback line and 3333.18, Building lines 3333.255, Perimeter Yard, of the Columbus City Codes for property located at 9215 ANTARES AVENUE (43240), insofar as said sections prohibits multiple-unit development with a perimeter yard reduced from twenty-five (25) feet to as little as five (5) feet along the southern perimeter yard and a west perimeter yard reduced from twenty-five (25) feet to fifteen (15) feet and eight (8) feet for garage buildings and pavement, respectively; said property being more particularly described as follows:
9215 ANTARES AVENUE (43240), being 16.2 15.5± acres located at the terminus of Antares Avenue, 375± feet northeast of Polaris Parkway, and being more particularly described as follows:
Description of a 16.204 Acre Tract for Zoning Purposes Only.
Situated in the State of Ohio, County of Delaware, City of Columbus and being all out of a 36.115 acre tract conveyed to NP Limited Partnership, an Ohio limited partnership as recorded in Official Record Book 268, Page 2248 all references to records being on file in the Delaware County Recorder's Office, said 16.204 acres being more fully described herein;
Beginning for reference at the intersection of Polaris Parkway as recorded in Plat Book 24, Page 137 and Antares Avenue as recorded in Official Record Book 727, Page 999;
Thence with the centerline of Antares Avenue North 61° 38' 02" East a distance of 525.00 feet to a point;
Thence leaving said centerline North 28° 21' 59" West a distance of 30.00 feet to a point in the northwesterly right-of way of said Antares Avenue and the True Point of Beginning;
Thence with said right-of-way bearing South 61° 38' 01" West a distance of 173.47 feet to a point;
Thence crossing said 36.115 acre tract with the following 6 courses:
North 36° 00' 07" West a distance of 127.44 feet to a point;
North 41° 17' 33" West a distance of 251.99 feet to a point;
North 49° 23' 54" West a distance of 245.79 feet to a point;
North 57° 38' 00" West a distance of 263.06 feet to a point;
North 64° 33' 08" West a distance of 85.53 feet to a point;
North 03° 08' 46" East a distance of 72.41 feet to a point in a northerly line of said 36.115 acre tract;
Thence with northerly lines of said 36.115 acre tract with the following 3 courses:
South 86° 51' 07" East a distance of 414.92 feet to a point;
North 02° 56' 44" East a distance of 68.93 feet to a point;
South 86° 51' 07" East a distance of 1165.29 feet to a point;
Thence with easterly lines of said 36.115 acre tract with the following 2 courses:
South 03° 05' 27" West a distance of 187.39 feet to a point;
South 03° 07' 33" West a distance of 269.47 feet to a point in the future northerly right of way of Antares Avenue;
Thence crossing said 36.115 acre tract and following said future right of way with the following 3 courses:
Following a Curve to the Left having a Delta Angle of 14° 07' 13", a Curve Length of 99.81 feet, a Radius of 405.00 feet, a Tangent Length of 50.16 feet, a Chord Bearing of North 83° 49' 54" East, and a Chord Distance of 99.56 feet to a point of compound curvature;
Following a Curve to the Left having a Delta Angle of 27° 28' 29", a Curve Length of 589.82 feet, a Radius of 1230.00 feet, a Tangent Length of 300.69 feet, a Chord Bearing of South 75°22'14" West, and a Chord Distance of 584.18 feet to a point;
South 61° 38' 00" West a distance of 18.68 feet to the Point of Beginning, containing 16.204 acres.
Description of a 15.526 Acre Tract for Zoning Purposes Only.
Situated in the State of Ohio, County of Delaware, City of Columbus and being all out of a 36.115 acre tract conveyed to NP Limited Partnership, an Ohio limited partnership as recorded in Official Record Book 268, Page 2248 all references to records being on file in the Delaware County Recorder's Office, said 16.204 acres being more fully described herein;
Beginning for reference at the intersection of Polaris Parkway as recorded in Plat Book 24, Page 137 and Antares Avenue as recorded in Official Record Book 727, Page 999;
Thence with the centerline of Antares Avenue North 61° 38' 02" East a distance of 525.00 feet to a point;
Thence leaving said centerline North 28° 21' 59" West a distance of 30.00 feet to a point in the northwesterly right-of way of said Antares Avenue and the True Point of Beginning;
Thence with said right-of-way bearing South 61° 38' 01" West a distance of 173.47 feet to a point;
Thence crossing said 36.115 acre tract with the following 5 courses:
North 36° 00' 07" West a distance of 127.44 feet to a point;
North 41° 17' 33" West a distance of 251.99 feet to a point;
North 49° 23' 54" West a distance of 245.79 feet to a point;
North 57° 38' 00" West a distance of 83.04 feet to a point;
North 00° 20' 36" West a distance of 193.17 feet to a point in a northerly line of said 36.115 acre tract;
Thence with northerly lines of said 36.115 acre tract with the following 3 courses:
South 86° 52' 07" East a distance of 190.40 feet to a point;
North 02° 55' 21" East a distance of 59.16 feet to a point;
South 86° 47' 32" East a distance of 1165.47 feet to a point;
Thence with easterly lines of said 36.115 acre tract with the following 2 courses:
South 03° 06' 01" West a distance of 187.42 feet to a point;
South 03° 06' 45" West a distance of 268.59 feet to a point in the future northerly right of way of Antares Avenue;
Thence crossing said 36.115 acre tract and following said future right of way with the following 3 courses:
Following a Curve to the Left having a Delta Angle of 14° 07' 13", a Curve Length of 99.81 feet, a Radius of 405.00 feet, a Tangent Length of 50.16 feet, a Chord Bearing of North 83° 49' 54" West, and a Chord Distance of 99.56 feet to a point of compound curvature;
Following a Curve to the Left having a Delta Angle of 27° 28' 29", a Curve Length of 589.82 feet, a Radius of 1230.00 feet, a Tangent Length of 300.69 feet, a Chord Bearing of South 75°22'14" West, and a Chord Distance of 584.18 feet to a point;
South 61° 38' 01" West a distance of 18.68 feet to the Point of Beginning, containing 15.526 acres.
Section 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for those uses permitted in the L-ARLD Limited Apartment Residential District in Z11-016.
Section 3. That this ordinance is further conditioned on the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.